A Legal and Doctrinal Analysis of the Crime of Collecting Illegal Debts
The protection of legal interests in the crime of collecting illegal debts has a compound nature,with the main legal interests being public legal interests and the secondary legal interests being personal legal interests.The"illegal debt"in this crime mainly refers to the debt generated in violation of the prohibitive provisions of the law.In the collection behavior,violent means do not need to reach the level of suppressing the victim's resistance,while soft violence means must form psychological coercion on the victim.The determination of the elements of criminal quantity should be comprehensively judged in conjunction with the protection of legal interests and specific behavior methods of this crime.The subjective responsibility elements include the intentional form of guilt and the subjective purpose of debt collection.When dealing with the relationship between this crime and related personal offenses,the principle of overlapping legal provisions should be applied,and when dealing with the relationship with the crime of provocation and disturbance,the opposition between the two crimes in qualitative evaluation should be maintained.
the crime of collecting illegal debtslegal interestsconstituent elementsoverlap of articles of law
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